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Opinions June 23, 2011

June 23, 2011
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7th Circuit Court of Appeals
Joseph E. Corcoran v. Bill Wilson, superintendent
07-2093, 07-2182
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Allen Sharp.
Civil. Reinstates and incorporates by reference the earlier opinion in Corcoran v. Buss to the extent that it reversed the District Court’s judgment granting habeas relief on the basis of the claimed Sixth Amendment violation; and affirmed the District Court’s conclusion that the Indiana courts did not mishandle the issue of his competence to waive post-conviction remedies. Remands to District Court to permit it to address Corcoran’s remaining grounds for habeas relief.

Spurlino Materials LLC v. National Labor Relations Board, et al.
Nos. 10-2875, 10-3049
Petition for review and cross-application for enforcement of order of the National Labor Relations Board.
Civil. Grants the National Labor Relations Board’s application for enforcement of its order against cross-petitioner Spurlino Materials. The NLRB adopted the reasoning of the administrative law judge to find Spurlino engaged in a variety of unfair labor practices and imposed remedial measures. Substantial evidence supports the board’s holding. Denies Spurlino’s cross-petition for review.

Indiana Supreme Court
J.M. v. M.A., et al.
20S04-1012-CV-676
Civil. Reverses trial court decision to set aside the paternity affidavit and remands to give J.M. the opportunity, as agreed to at oral argument, to challenge the paternity affidavit in the manner outlined in Indiana Code.

Elmer D. Baker v. State of Indiana
17S04-1009-CR-500
Criminal. Adopts the reasoning of the California Supreme Court and holds that the state may in its discretion designate a specific act or acts on which it relies to prove a particular charge. If the state decides not to so designate, then the jurors should be instructed that in order to convict the defendant, they must either unanimously agree that the defendant committed the same act or acts or that the defendant committed all of the acts described by the victim and included within the time period charged. Finds Baker did not demonstrate that the instruction error in his case so prejudiced him that he was denied a fair trial.

Lamar M. Crawford v. State of Indiana
49S05-1106-CR-370
Criminal. Affirms denial of two of Crawford’s requests for certain footage relating to his murder investigation for an in camera review. Crawford’s requests did not pass the first step of the three-step test used to determine the discoverability of information in criminal cases.

Crisis Connection, Inc. v. Ronald K. Fromme
19S05-1012-CR-678
Criminal. Reverses trial court order that Crisis Connection turn over counseling records for in camera review before turning them over to Fromme. The records are protected by the victim advocate privilege and Fromme does not have a constitutional right to an in camera review of Crisis Connection’s records. Remands for further proceedings.

Indiana Court of Appeals
Mickey Cundiff v. State of Indiana
31A05-1008-CR-607
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated. Cundiff was not entitled to a speedy trial pursuant to Indiana Criminal Rule 4(B) despite his incarceration on an unrelated cause. A defendant must be incarcerated on the pending charges to be entitled to the benefits of the 70-day speedy trial rule.

Save Our School: Elmhurst High School v. Fort Wayne Community Schools, et al.
02A04-1012-PL-746
Civil plenary. Affirms grant of motion to dismiss Save Our School’s complaint for declaratory judgment against Fort Wayne Community Schools seeking to force Elmhurst High School to remain open. FWCS's decision to close Elmhurst is not an action subject to judicial review as potentially violating the Indiana Constitution.

Elliott McKinley Montgomery v. State of Indiana (NFP)
45A03-1012-CR-616
Criminal. Affirms conviction of murder in the perpetration of robbery.

Term. of Parent-Child Rel. of A.H. and J.H.; Jo.H. v. I.D.C.S. (NFP)
89A04-1011-JT-706
Juvenile. Affirms involuntary termination of parental rights.

James Hatala v. Sally Hatala (NFP)
64A03-1011-DR-555
Domestic relation. Affirms in part the dissolution decree and reverses in part. Remands to revalue the proceeds from the condemnation settlements at zero, to recalculate its division of the parties’ marital assets, to determine what effect, if any, this recalculation has on the alleged intended 50-50 division of the marital estate, to recalculate what amount of Sally Hatala’s attorney fees, if any, James Hatala should pay, and to amend the divorce decree accordingly.

Ryan T. McMullen v. State of Indiana (NFP)
27A02-1009-CR-1165
Criminal. Affirms convictions of and sentence for Class A felony possession of cocaine and Class D felony possession of marijuana.

Jack Edwards, Jr. v. State of Indiana (NFP)
39A05-1006-CR-395
Criminal. Affirms convictions of two counts of murder and one count of attempted murder.

Robert M. Richardson v. State of Indiana (NFP)
48A04-1010-CR-654
Criminal. Affirms revocation of probation.

SB Hospitality, LLC, et al. v. R.S. Elliott Specialty Supply, Inc. (NFP)
71A05-1008-PL-702
Civil plenary. Affirms denial of SB Hospitality and Gita Patel’s motion to withdraw admissions and the grant of summary judgment for R.S. Elliott Specialty Supply.

KJE, LLC v. RAC Holdings, Inc., and Rex Carroll (NFP)
02A03-1102-PL-52
Civil plenary. Reverses summary judgment for Rex Carroll and RAC Holdings on the issue of whether RAC breached a franchise agreement.

Robert L. Frank, Jr. v. State of Indiana (NFP)
17A04-1012-CR-801
Criminal. Affirms sentence following guilty plea to Class B felony sexual misconduct with a minor and Class D felony sexual battery.

Term. of Parent-Child Rel. of Z.E., et al.; S.E. v. I.D.C.S. (NFP)
79A04-1101-JT-27
Juvenile. Affirms involuntary termination of parental rights.

Paternity of T.F.-W.; D.F. v. J.W. (NFP)
49A02-1009-JP-976
Juvenile. Affirms grant of legal custody of T.F.-W. to child’s biological father.

Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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